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After several hours of debate on both sides of the capitol, Louisiana lawmakers advanced two bills that would change how Louisiana’s legal system handles automobile accident claims.
Supporters say House Bill 9 and Senate Bill 418, which seek to make the same changes, could lead to lower auto insurance rates in the state. Critics say there’s no evidence to support that claim.
For many business lobbyists and Republicans, the bills represent the top priority for the session, or at least the top priority not related to the COVID-19 pandemic.
“All of us get tired of paying these high insurance rates,” said state Sen. Cleo Fields, a Baton Rouge Democrat who said he was skeptical about the changes. “But I want to make sure that’s what [the legislation] does.”
The changes fall under the category of tort reform, which generally seeks to limit plaintiffs’ ability to sue or the amounts they can collect. Tort reform advocates say Louisiana’s legal system, at least in some jurisdictions, favors plaintiffs. Insurance companies settle rather than fight frivolous lawsuits, which raises the companies’ costs, leading them to pass the higher costs on to consumers.
The legislation does not require commercial carriers to lower their rates. Sponsors said there are as few as two insurers writing policies for businesses and they didn’t want to scare off those insurers with a mandate. Several business owners testified the rapidly rising rates for commercial insurance threaten to put them out of business.
The bills would require price reductions for other drivers, but with a catch. If the measures are implemented, auto insurers writing policies in Louisiana would be required to lower their rates at least 10 percent unless they can show the insurance commissioner that they can’t afford to make the change.
Commissioner of Insurance Jim Donelon, a Republican who supports the changes, said he would only let a company opt out if lowering their rates 10 percent would make the company insolvent. Donelon said he thought the changes could lead to an average 25 percent rate reduction, which would put Louisiana in the middle of the pack nationally, though he admitted there was no way to say for sure.
“It’s a shot in the dark,” Donelon said. “It’s not an exact, quantifiable number.”
Jeff Albright, CEO of the Independent Insurance Agents and Brokers of Louisiana, said the accident rate in the state is only slightly above the national average, but the claims for bodily injury are sky high, suggesting either Louisiana residents are somehow more fragile than most people or that many claims are not legitimate. The legal changes are meant to “squeeze the excess costs out of the system,” Albright said.
Some Democrats said tort reform shouldn’t be on the agenda for the pandemic-shortened session, arguing only “must pass” bills and those addressing COVID-19 issues should be debated. They said some people who wanted to offer testimony in person were not comfortable doing so because of the public health situation.
“This bill is not receiving, in my estimation, a fair public hearing,” Rep. Sam Jenkins, D-Shreveport, said of the House bill.
Real Reform Louisiana, an anti-tort reform group, made a similar argument, noting that very few people consider tort reform to be among the state’s most important issues.
“While the people of Louisiana are focused on responding to the COVID crisis, special interests are trying to sneak through legislation that would rig the courts in favor of insurance companies and big corporations,” said Eric Holl, the group’s executive director.
Some Democrats questioned whether the House bill meets the constitutional requirement to have a single purpose, given the range of changes it proposes. Rep. Alan Seabaugh, R-Shreveport, said the single object is to lower auto insurance rates.
The legislation would lower the threshold that guarantees the ability to ask for a jury trial from a lawsuit worth at least $50,000 to $5,000. Most states have no such threshold, and no other state is higher than $15,000. Proponents say there are some judges who favor plaintiffs, so defendants would have the option to take their chances with a jury.
But opponents say insurance companies can better afford to pay for a civil jury trial, which the party requesting the trial must do in Louisiana. They also worry aloud about whether the change would clog the courts with additional trials, increasing costs and forcing more people to take off work for jury duty, and point to an actuarial task force that estimated eliminating the threshold would lead to an estimated 0.5 percent savings.
The legislation also would take away the right to sue an insurance company directly, rather than the driver that caused the accident. The hope is that courts would be less likely to approve a frivolous claim against an average person rather than a “big, bad insurance company.” Rep. Robby Carter, D-Amite, complained about what could happen if the person who caused the wreck can’t be found.
The bills seek to extend the amount of time to file a lawsuit from one year to two, in hopes of giving the parties more time to work out a settlement rather than going to trial. And it would allow courts to consider how much was actually paid for the plaintiff’s medical bills; since insurers often negotiate to pay below the “sticker price” of a procedure, so the difference between the price paid and the nominal price represents a “windfall” for the plaintiff, supporters of the change say.
The legislation also would allow courts to consider evidence that an injured person was not wearing a seat belt, which could lead to a 25 percent reduction to the possible award for damages.
Rep. Ray Garofalo, R-Chalmette, said most of the people who testified for his bill are business people, while most of the opposition are lawyers and judges.
“It paints a picture that lets me know that we need to address this issue for the business people and consumer who are being tremendously affected by it,” he said.

Submitted Photo
On May 7, Bob’s Heating, Air Conditioning, & Electrical donated cookie trays to all Ochsner St. Mary employees to show appreciation for all their hard work and dedication. Pictured from Bob’s Heating and AC is Ellie LaCoste.

The following are the radio dispatch logs from the Morgan City Police Department. To report unlawful or suspicious activity, call the police department at 985-380-4605.
Monday, May 11
8:55 a.m. Lake Palourde Drive and Justa Street; Complaint.
9:05 a.m. 700 block of Myrtle Street; Telephone harassment.
9:06 a.m. 500 block of Terrebonne Street; Complaint.
10:01 a.m. 200 block of Belanger Street; Disturbance.
10:24 a.m. 700 block of Myrtle Street; Welfare concern.
11:59 a.m. Federal Avenue and Greenwood Street; Accident.
12:30 p.m. 3000 block of Roderick Street; Lost and found.
12:50 p.m. 700 block of Maine Street; Disturbance.
1:03 p.m. 100 block of Marquis Manor; Alarm.
2:20 p.m. Arizona Street; Disturbance.
2:32 p.m. 200 block of Fourth Street; Alarm.
3:51 p.m. 700 block of Sixth Street; Medical.
3:55 p.m. 1100 block of Marguerite Street; Complaint.
4:07 p.m. 1000 block of Hilda Street; Medical.
4:23 p.m. U.S. 90 East; Fire.
5:28 p.m. 7200 block of La. 182; Complaint.
5:54 p.m. 1000 block of Third Street; Complaint.
6:20 p.m. 300 block of Union Street; Accident.
7:26 p.m. Park Street under bridge; Complaint.
9:19 p.m. Bush near Sixth streets; Animal complaint.
10:18 p.m. 7200 block of La. 182; Medical.
11:20 p.m. Ochsner St. Mary; Complaint.
Tuesday, May 12
2:32 a.m. 500 block of Roderick Street; Medical.
2:48 a.m. 600 block of Arenz Street; Vehicle burglary.
6:10 a.m. 6300 block of La. 182; Disturbance.
7:36 a.m. Garber Street; Patrol request.
10:04 a.m. 700 block of Myrtle Street; Arrest.
10:45 a.m. Martin Luther King Boulevard and La. 182; Stalled vehicle.
10:54 a.m. 600 block of Willow Street; Alarm.
10:57 a.m. 600 block of Freret Sin treet; Medical.
12:36 p.m. 400 block of Louisa Street; Complaint.
2 p.m. 1100 block of Victor II Boulevard; Fire.
2:39 p.m. La. 70 and Ninth Street; Stalled vehicle.
3:04 p.m. Poncio Street; Reckless operation.
3:28 p.m. 600 block of Sixth Street; Complaint.
4:07 p.m. 1000 block of Sycamore Street; Civil.
4:53 p.m. 700 block of Myrtle Street; Telephone harassment.
5:36 p.m. 1700 block of Dale Street; Complaint.
5:43 p.m. Morgan City Police Department; Civil matter.
6:22 p.m. 1000 block of Brashear Avenue; Alarm.
6:47 p.m. 1000 block of Clothilde Street; Found property.
6:48 p.m. 600 block of Freret Street; Complaint.
7:05 p.m. 900 block of Cherry Street; Medical.
7:10 p.m. Orange Street near Federal Avenue; Complaint.
7:19 p.m. 300 block of Chennault Street; Theft.
7:28 p.m. 1000 block of Ditch Avenue; Animal.
7:38 p.m. Old Bridge; Juvenile problem.
8:49 p.m. Willow Street; Animal.
8:59 p.m. 500 block of Terrebonne Street; Complaint.
9:02 p.m. Greenwood Overpass; Accident.
10:36 p.m. Grace Street; Assistance.
11:10 p.m. Pecos Street; Reckless driver.
11:12 p.m. Apple Street; Narcotic activity.

DEAR ABBY: My parents have strong opinions. I don’t agree with them in areas such as how to raise or discipline my children. If I try to explain why, they mock me with their tone of voice. Then they get mad if I try to discuss it with them and won’t speak to me for a couple of weeks.
Currently, they are insisting that I am making a mountain out of a molehill because of the coronavirus. I stay at home with my children and run out only to buy food. Abby, my parents are ignoring all the health recommendations. They still go out in public places where people are close to each other.
They now want to have all their grandkids over to play and are upset with me because I refuse. It has reached the point that I don’t answer my phone when I see Mom’s number because I know she’ll lecture me on how I am “tearing the family apart over this nonsense that we’ll just laugh about next year.”
How do you get family members to respect your request for social distancing?
DOING WHAT’S RIGHT FOR NOW

DEAR DOING: Here’s how: Stick to your guns. Remind your mother that your children’s welfare is your sacred responsibility.
It is your job to ensure their safety, and it’s no laughing matter. Tell her this is why you have chosen to follow the directions issued by the Centers for Disease Control.
You wish she and your dad would be more careful about their own health, but you respect that they are adults making their own choices, and you expect that she will extend to you the same courtesy. Period!

DEAR ABBY: I recently gave a family member a gift. Immediately upon opening it, they exclaimed, “I don’t want this! I will never use this. Can I return it and get something else?” This was followed by repeatedly saying they didn’t want the item and dragging out of the closet a similar item another family member had given them, exclaiming, “See? I already have almost the exact same thing, and I’ve never used it.”
This relative kept repeating they didn’t ever want anything like this and what I should always get them. This is the same person, by the way, who buys me whatever they want to get me whether I want it or not, and refuses to listen when I state what I would like as gifts.
Am I too sensitive, or is this behavior bad manners?
GIFT HORSE IN WYOMING

DEAR GIFT HORSE: It’s an example of appalling bad manners and lack of gratitude. Because the relative is also unwilling or unable to choose appropriate gifts, why not agree to stop exchanging them?
In cases like this, a nice, neutral greeting card would cause fewer hurt feelings.

DEAR ABBY: My husband and I disagree about something, and I’d like you to be the tie-breaker.
One of us believes it’s proper to keep the title to a vehicle in the glove compartment of the vehicle alongside the registration and insurance papers. The other thinks it’s foolish and dangerous. What say you?
TIE-BREAKER IN KENTUCKY

DEAR TIE-BREAKER: I say it is better to err on the side of caution and keep the title in a safe deposit box or file cabinet. The same is true for the deed to your home, as well as other important documents.
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